Hawaii Criminal Records

Hawaii Criminal Records are official information and documentation regarding a person's potential or verified breaches of the Hawaii Penal Code and other offense-listing statutes.

The Uniform Information Practices Act (UIPA) provides public criminal records to all general members. All papers submitted and retained by the state's government entities are public records. As a result, public members have unrestricted access to inspect or print any document of interest.

However, several legal exemptions can restrict the public from seeing certain records. Also, you can't access specified records through sealing or expungement.

The Hawaii Criminal Justice Data Center (HCJDC), part of the Department of the Attorney General in the state of Hawaii, is in charge of the statewide criminal records.

Once you get a copy of a criminal record in Hawaii, you'll have the following information:

• Offender's personal information like name, age, date of birth, and nationality
• Known aliases
• Physical descriptions, including body markings
• Offense committed
• Photograph/mugshot
• Fingerprints
• Past and current addresses
• Former arrest records
• Past and current warrants

Hawaii Criminal Records may include different penalties depending on the types of violation record you committed. These are the common types of conviction records in the state:

Felonies

In Hawaii, there are three types of felony crimes, which the state calls Class A, Class B, and Class C. All felonies fall into one of these three groups, with Class A being the most severe and C being the least.

Class A Felonies

These offenses can result in a 20-year open sentence in prison or, in extreme situations, life in prison. In Hawaii, fines of this class can reach $50,000 and exceed that amount for numerous convictions of the same offense. Class A felonies include:

• Murder
• Abduction
• Drug offenses
• Rape
• Arson

Class B Felonies

Class B felonies get less severe punishments than Class A felonies but more harsh penalties than Class C felonies. A Class B Felony can get you up to 10 years in prison and a $25,000 fine. Some of the Class B felony records in Hawaii include:

• Second-degree sexual assault
• Burglary
• Robbery
• Financial fraud

Class C Felonies

Class C felonies in Hawaii are the lightest kinds of felony crimes. It can get you to five years in prison and a no more than $10,000 fine. Some examples are:

• Less severe forms of theft
• Fraud
• Blocking the work of the law
• Causing damage to someone else's property

How long does a felony record stay in Hawaii? Felonies are a severe crime in Hawaii, so expect them to remain on your criminal record for life unless you qualify for state expungement.

Misdemeanors

Misdemeanors in Hawaii are usually minor crimes that can be dealt with quickly. Hawaii divides the records for misdemeanors into two groups:

Petty Misdemeanors

Petty misdemeanors can result in 30 days in jail and a $1,000 fine, or twice the amount acquired. Some examples of these misdemeanors in Hawaii are:

• Disorderly conduct
• Third-degree drug promotion
• Reckless driving
• Driving without a license

"Regular" Misdemeanors

"Regular" misdemeanors can get you up to a year in prison and a $2,000 fine or twice the amount you made from the crime. Minor drug offenses, assaults, and DUI charges are all examples of these misdemeanors. Here are some particular instances of Hawaii misdemeanors:

• Second-degree drug promotion
• Third-degree theft
• Third-degree negligent homicide
• Fourth-degree arson
• Fourth-degree sexual assault

How long are misdemeanor records kept in Hawaii? the amount of time your misdemeanor record in Hawaii will remain on paper varies depending on the severity of the offense. In some instances, Hawaii law makes the punishments worse, turning a misdemeanor into a felony. When that happens, your record will stay for life unless the court expunges it.

Criminal Driving Violations

Traffic crimes in Hawaii include equipment, miscellaneous, and parking infractions for which prison time is possible. Depending on the gravity of the crime, criminal driving violation records in Hawaii may be misdemeanors or felonies.

Here are some of the frequent criminal driving violations in Hawaii:

• Racing on highway
• Excessive speeding
• Driving without a license
• Driving without insurance (DWI)
• Reckless driving
• Driving under the influence (DUI)
• Hit and run

How long are criminal driving records retained in Hawaii? Hawaii courts must keep information about certain moving violations for at least ten years for state punishments.

Sexual Offenses

Most sexual offenses in Hawaii are first-degree, second-degree, third-degree, or fourth-degree sexual assault. The gravity of charges depends on several factors, such as how the sexual assault happened and the victim's age.

First-Degree Sexual Assault (Class A Felony Charges)

Someone is guilty of this violation under HRS 707-730 if that person sexually penetrated another individual under the following criteria:

• By using force or strong coercion
• With another mentally challenged individual
• With a juvenile aged 14 to 16 years old or a person who is at least five years older
• With a person to whom you gave drugs

Second-Degree Sexual Assault (Class B Felony Charges)

Under HRS 707-731, you're guilty if you've sexually penetrated someone under these circumstances.

• Employing constraint or coercion
• With another mentally challenged individual
• With a prisoner as a correctional institution staff

Third-Degree Sexual Assault (Class C Felony Charges)

According to HRS 707-732, someone is guilty of this sex offense if they had illegal sexual contact with another person under the following conditions:

• By using force or strong coercion
• With another mentally challenged individual
• With a prisoner as a correctional institution staff
• With a juvenile aged 14 to 16 years old or a person who is at least five years older

Fourth-Degree Sexual Assault (Misdemeanor Charges)

HRS 707-733 defines this violation as any of the following for personal sexual gratification:

• Alarmingly exposing your genitals to another person
• Compulsory sexual contact with another person
• Peeping by trespassing

Hawaii categorizes sexual offenders as either covered offenders or repeat-covered offenders. The kind and severity of the offense define this category. The classification of sexual offenders in Hawaii impacts punishment, registration requirements, and legal remedies.

Covered Offenders

A covered offender has committed a crime against a child or a sex offense. These individuals may be acquitted due to physical or mental incompetence if charged.

The solicitation of a kid for prostitution, unlawful sexual activity toward a minor, and the use of a youngster in sexual performance are examples of sexual crimes.

Repeat-covered Offenders

A repeat-covered offender in Hawaii is a person convicted of more than one covered crime. Due to unfitness or defect, the term may also apply to a person the court accuses but does not convict of more than one covered violation.

In Hawaii, covered offenders must register for life; however, any charged offender may petition the court to have registration restrictions lifted after 40 years. Some criminals may petition the court sooner if they meet specific requirements.

How to find any registered covered offenders in Hawaii? Through the Sex Offender & Other Covered Offender Search of the Department of the Attorney General, you can look for sex offenders in the state by street name, zip code, or zip code alone.

Expungement is the legal process of destroying, erasing, or crossing out records or information in files, computers, and other places related to criminal charges.

Under Hawaii statutes § 571-88, expungement entails the segregation and protection of records or their destruction. Once your records get deleted through expungement, they are inaccessible to law enforcement and the general public.

Who Is Eligible for a Hawaii Expungement?

A person will be eligible to petition for an expungement in Hawaii if they meet the following criteria:

• An arrested juvenile meets certain conditions under Hawaii Statutes § 571-88.
• The dismissed person was under 20 when the offense occurred.
• A non-violent, first-time drug offender (excluding the first and second-degree methamphetamine trafficking) accomplishes probation and treatment and has never received an expungement order for a comparable crime.
• First-time class C felony property offender has completed drug abuse treatment and other probation terms and conditions.
• An accused but not convicted criminal.

Expungement is ineligible if:

• In case of a felony or misdemeanor arrest without conviction due to bail forfeiture
• In the instance of a petty misdemeanor or offense when a bail forfeiture prevented prosecution, five years after arrest or citation.
• A suspect flees after being arrested; the arrest is invalid.
• A person's mental or physical disability causes acquittal.
• Upon the defendant's release and dismissal of the charges against the defendant after a delayed admission of guilt or nolo contendere plea for one year.

How to File Expungement in Hawaii?

To seek expungement, you must accomplish a form and submit it to the HCJDC. This form differs depending on the nature of your claim, and you will need either of the following:

• Expungement of Non-Conviction Arrest Records Application
• Expungement of Arrest Records for First-Time Drug Conviction
• Expungement of Arrest Records Conviction for Driving Under the Influence, Under the Age of Twenty-One

You must provide appropriate court records if you attempt to expunge a DUI or first-time drug conviction.

After you file your petition, HCJDC will evaluate it and either approve or refuse your expungement. They will usually respond within four months of your submission.

For a non-first-time expungement, the fee is $50.00. The cost for a first-time expungement is $35.00. This amount includes a $10 non-refundable administrative fee.

Inmate records in Hawaii are documents with information about criminals who are in jails or prisons in Hawaii.

In Hawaii, inmate records are not usually available on the Hawaii Department of Public Safety (DPS) website. However, anyone who wants to can search for an inmate at the Correction Division of the DPS. You can also call the county or jail where the inmate resides.

On the other hand, you must have your money ready if you wish to search through various inmate records online. The Corrections Division primarily recommends Vinelink if you do so.

The inmate records you get in Hawaii will include the following information:

• Inmate's name and status
• Housing facility
• Photos
• Convicted offense
• Court Name
• Incarceration date
• Sentence type
• Expected release date

Hawaii Arrest Records list a person's arrest history. It shows whether a person has been detained, booked, questioned, or investigated for a felony, misdemeanor, or other infraction.

An officer in Hawaii who executes a warrant shall deliver the detainee without undue delay to the court having jurisdiction or a judge or official authorized to grant bail. Following the arrest, the suspect goes to booking, which puts all identifying information about that individual and evidence that ties them to the crime into an official police report.

Which government agency is in charge of most arrest records in Hawaii? the Hawaii Department of Police (HDP) maintains a single collection of public arrest records throughout the state.

To do an arrest search, contact the local sheriff's office or the HDP. While it is feasible to get free arrest records, you must pay for the standard copies or certification.

A person's arrest record in Hawaii would identify and describe the following:

• The subject's name and personal information (age, gender, birth date, etc.)
• Reasons for arrest
• The date of arrest
• The reasons for arrest
• Fingerprint
• Detention and judicial procedures

Official criminal records in Hawaii are an essential component of a background check. Before hiring a new employee, employers often perform background checks.

The eCrim of HCJDC lets you check the criminal record right away. After your online payment, it will send you the report on the criminal history through email.

But check to see if the agency you send the clearance to accepts a printout from the Internet. If not, submit your request and payment to the Criminal History Record Checks (CHRC) Unit by mail.

You must include the person's name, birth date, and social security number if you have it. The CHRC Unit charges $30 for each record check. Once you settle the necessary payment, expect to get the results in the mail in 7 to 10 days.

You can also request and get these records in person if you go to one of the police stations of the HDP.